Jammu & Kashmir HC

Seizure of shawls took place in Delhi hence Delhi Court will have jurisdiction

Ali Shah Vs Union of India Th. Secretary (Jammu & Kashmir And Ladakh High Court)

Jammu-Kashmir and Ladakh High Court held that as the seizure of shawls containing prohibited material took place in Delhi, therefore, Delhi Court will be having jurisdiction in the matter and not the court of Jammu-Kashmir and Ladakh....

Recovery of Refunded Amount Not Permissible Based on Subsequent SC Decision

Commissioner Central GST and Central Excise Vs Intex Industries SIDCO Industrial Complex (Jammu and Kashmir High Court)

J&K and Ladakh High Court rules no recovery of previously refunded cess amount by the Revenue Department, dismissing a delayed appeal of 1488 days....

HC Rules: No TDS on FDR Interest to Jammu Development Authority by Bank

PCIT Vs J&K Bank Ltd. (Jammu & Kashmir And Ladakh High Court)

Learn about the judgment of the Jammu & Kashmir and Ladakh High Court in the case of PCIT vs J&K Bank Ltd., where the court ruled that a bank is not obligated to deduct TDS from the interest paid to Jammu Development Authority on fixed deposits...

Extended period of limitation not invocable as mandatory twin factors missing

Commissioner of Central GST and Central Excise Vs Krishi Rasayan Exports Pvt. Ltd. (Jammu & Kashmir High Court)

Jammu Kashmir High Court held that the extended period of limitation as provided under provision to sub -section (1) of Section 11A was not invocable for the simple reason that the twin factors which are sine quo non for invoking the proviso were missing....

Trust Registration under section 12AA cannot be denied for Surplus Profit

CIT Vs D.N Memorial Trust (Jammu & Kashmir And Ladakh High Court)

The J&K High Court ruled that trust registration under section 12AA cannot be denied solely for generating surplus profit. Read the full judgment here....

J&K Roads Development Agency Exempt from TDS deduction on Term Deposit Interest

CIT Vs Jammu and Kashmir Bank Ltd (Jammu and Kashmir High Court)

Court ruled that the funds in the Term Deposit Accounts were the income of the Government of India and exempt from TDS under Section 196 of the Act. Moreover, the JKSRRDA, being wholly financed by the Central Government, was also eligible for exemption under Notification No. 3489 dated 22.10.1970, despite not being registered under the Ce...

Jurisdiction in Case of Banned Yarn Shawl lies in Delhi not J&K if seizure & SCN Occurred in Delhi

Ali Shah through Arif Ahmad Shah Vs Union of India and others (Jammu & Kashmir High Court)

The J&K High Court dismissed a writ petition challenging a show cause notice on banned yarn shawl exports, asserting that the case's jurisdiction lies in Delhi, not J&K....

Delayed GST Reimbursement: HC Orders 9% Interest Payment for Negligence

Greenland Cements Private Limited Vs Union of India (Jammu & Kashmir HC)

A detailed exploration of the Jammu & Kashmir HC ruling in favor of Greenland Cements Private Limited, which stipulates the payment of a 9% interest due to delayed GST reimbursement because of negligence by a tax officer....

Mere transfer of right to use any goods or transfer of goods to be used in works not amounts to ‘sale’

Power Grid Corporation of India Ltd. Vs Assessing Authority Sales Tax Circle D Jammu (Jammu and Kashmir High Court)

Jammu and Kashmir High Court held that mere transfer of right to use any goods or even transfer of goods to be used in works or not shall not be a ‘sale’ unless it is supported by consideration....

Rejection of Claim under J&K Budgetary Support Scheme – HC directs reconsideration

Coromandel International Ltd Vs Union of India and others (Jammu & Kashmir HC)

Coromandel International Ltd Vs Union of India and others (Jammu and Kashmir High Court) It is submitted that petitioner, applied for reimbursement by way of Budgetary support for the period, January 2020 to March 2020 and April 2020 to June 2020 before Central Tax Authorities. The Adjudicating Authority illegally and arbitrarily rejected...

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